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The Cabinet has given final approval to the draft of the ‘Enforced Disappearance Prevention and Remedy Act, 2026’, which designates the crime of enforced disappearance as a distinct criminal offense, with provisions for a maximum penalty of death or life imprisonment. Simultaneously, provisions for compensation, rehabilitation, and state legal aid for victims of enforced disappearance and their families have also been included.
The draft law received final approval, subject to vetting by the Legislative and Parliamentary Affairs Division, during the 15th cabinet meeting held on Monday (August 3) at the Cabinet Division’s meeting room in the Secretariat. Prime Minister Tarique Rahman presided over the meeting.
A press release from the Cabinet Division stated that to establish human rights, human dignity, individual liberty, and the rule of law, enforced disappearance has been included as a distinct, cognizable, non-bailable, and non-compoundable criminal offense. The new law will create a integrated legal framework for preventing enforced disappearances, prosecuting those responsible, locating missing persons, and ensuring the rights of victims and their families.
The law includes provisions for issuing search warrants through the courts, trial in the absence of the accused, acceptance of digital evidence, and protection of the identity and security of witnesses, complainants, whistleblowers, and victims.
Furthermore, victims and their families will have the right to know the progress of the investigation, the true facts of the incident, and the whereabouts or fate of the disappeared person. In addition to government legal aid, medical treatment, rehabilitation, and the establishment of a compensation fund for them, arrangements have been made to recover compensation from the property of convicted individuals. If this is not possible, the state will provide the compensation.
The law further states that the spouse and dependent family members of a disappeared person will have the opportunity to use the relevant person’s property for their maintenance. Additionally, if the missing person cannot be found alive or dead even after five years, a “disappearance certificate” provision has been included for the distribution of property among heirs. Furthermore, the maintenance of a central database related to disappearances and international cooperation has also been included.
The new law sets a target for investigations to be completed within a maximum of 120 days and trials within the subsequent 120 days.
Regarding punishment, the law states that for the crime of enforced disappearance, a maximum penalty of life imprisonment and a fine can be imposed. If death results from enforced disappearance, if a body is recovered, or if the missing person cannot be found alive or dead even after five years, provisions for the death penalty or life imprisonment and a maximum fine of one crore taka have been included.
Amendment to Property Transfer Law
The Cabinet also gave policy and final approval to the draft of ‘The Transfer of Property (Amendment) Act, 2026’. This will allow parents or grandparents to retain the legal right to enjoy and use (Lifetime Usufruct) property even if they donate it to their children or grandchildren during their lifetime.
1994 Drug Price List to Remain in Effect
Furthermore, the Cabinet has also approved the proposal to annul the ‘Essential Drug List 2026’ and the ‘Drug Pricing Method 2026’. The government stated that the list and pricing method, formulated without the consultation of the National Drug Advisory Council, ran into legal complications. Until a new list is prepared, the 1994 essential drug list and government drug pricing system will remain in effect. Simultaneously, initiatives will be taken to determine new drug prices without creating additional pressure on the public.